N.Y. Comp. Codes R. & Regs. tit. 10 § 761.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 761.4 - Notice and approval required to discontinue operation

(a) No agency shall discontinue operation or surrender its operating certificate unless at least 90 days' written notice of its intention to do so and a plan for the continuation of care for each of the patients on its roster are given to the commissioner and prior written approval is obtained. The commissioner shall not approve an agency to discontinue operation unless he is satisfied as to the adequacy of the plan for the continuation of the care of patients and the agency has complied with the requirements of subdivision (c) of this section concerning clinical records.

(b) An operating certificate shall be surrendered promptly to the department when revoked, suspended, limited or annulled by the commissioner, or when the agency terminates service.

(c) In the event that an agency discontinues operation for any reason, the governing authority, immediately preceding the discontinuance of the operation of the agency shall make effective arrangements to maintain, store, assure access to and make available upon request, all clinical records for a period of not less than six years after discharge from the agency or program and, in the case of a minor, six years after discharge from the agency or program or three years beyond majority, whichever period is longer. The governing authority shall notify the department in writing as to the arrangements made for the clinical records and the address where such records will be stored and made available.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 761.4